FEWER THAN 100 DAYS TO THE NOVEMBER ELECTION, LOCAL STATE REPRESENTATIVE SAYS PARTISAN POLITICS ARE TO BLAME FOR HIS DISQUALIFICATION. NOW TAXPAYERS WILL FOOT THE BILL FOR A SPECIAL ELECTION. KENT JUSTICE HAS MORE ON WHY HE IS SUING THE STATE AND WHAT THE LOCAL SUPERVISOR OF ELECTIONS IS SAYING. STATE REPRESENTATIVE FULLWOOD SAYS HIS LAWSUIT IS NECESSARY BECAUSE THE GOVERNOR'S ADMINISTRATION IS DRAGGING ITS FEET. THEY ARE JUST FOLLOWING THE RULES, THEY SAY. JUST BECAUSE A NOTARY DOESN'T CHECK A BOX, THAT SHOULDN'T DISQUALIFY SOMEONE FROM BEING QUALIFIED FOR OFFICE. DISTRICT 13 STATE REPRESENTATIVE FULLWOOD ADMITS HIS NOTARY MESSED UP. NOW THE STATE DIVISION OF ELECTION IS HURTING DUVAL COUNTY VOTERS AND TAXPAYERS BY HOLDING UP THE PROCESS. IT IS INTENTIONAL TO SUPPRESS MINORITY VOTES. I'M NOT SAYING I HAVE A SMOKING GUN OR EVIDENCE. WE ARE SAYING IT APPEARS THERE'S SOMETHING DEEPER GOING ON. THE SECRETARY OF STATE OFFICE ISSUED THIS STATEMENT. FULLWOOD LAWSUIT ASKS THE COURT TO DENY THE VOTERS IN DISTRICT 13 THE RIGHT TO VOTE BY DECLARING FULLWOOD THE WINNER WITHOUT AN ELECTION. CANDIDATES ARE GIVEN EVERY AVAILABLE OPPORTUNITY TO QUALIFY BEFORE THE DEADLINE IN ACCORDANCE WITH THE LAW. ASK THE QUESTION TODAY, JERRY, WHY COULDN'T YOU LET HIM. IT DIDN'T QUALIFY HERE. JERRY HOLLAND DOESN'T QUALIFY CANDIDATES FOR STATE OFFICE. HE WOULD HAVE TO CONDUCT A SPECIAL ELECTION IN DECEMBER AND MAYBE IN FEBRUARY. HE DOESN'T AGREE WITH FULLWOOD SPECIAL ELECTION FOR HIS OFFICE SUPPRESSES VOTER TURNOUT BECAUSE FULLWOOD WOULD HAVE BEEN UNOPPOSED AND SO NOT ON THE BALLOT. HOLLAND AGREES THAT THE COURTS WILL HAVE TO SORT THIS OUT. LAWSUIT THAT HAS TO GET CLARIFICATION OF THE STATUTE AND HE HAS EVERY RIGHT TO TRY TO GET THAT CLARIFICATION. STATE REP FULLWOOD SAYS HE BELIEVES CASE LAW IS ON HIS SIDE. 2008 INCIDENT WHEN A CANDIDATE FOR STATE OFFICE ACTUALLY HAD A NOTARY PROBLEM LIKE HE DID BUT THE JUDGE RULED IN THAT CASE THAT THE ISSUE WAS DEMINIMOUS. NOT SIGNIFICANT ENOUGH TO

JACKSONVILLE, Fla. -

State Rep. Reggie Fullwood, whose filing for reelection was disqualified, is suing the Florida secretary of state and Gov. Rick Scott, asking that the Division of Elections' decision be overturned.

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No one qualified to run against incumbent state Rep. Reggie Fullwood by the June 30 filing deadline, but after problems were found in his qualifying papers, the office was left with no one running in House District 13.

The state Elections Office said it would be up to the governor's office to set a special election for the seat. The tentative plan calls for a one-day qualifying period, a special primary election to be held December 16, and a special general election on February 17, 2015.

There would be a one-day qualifying period for candidates wishing to run for the District 13 seat.

In announcing the lawsuit on Thursday, Fullwood criticized the slow response from by the secretary of state and governor's offices in dealing with the matter, and to hold a primary nine days before Christmas would suppress the potential voter turnout, holding the General Election in February would leave the district without representation for months, and not scheduling the election at the same time as the November general election would cost taxpayers $225,000.

"I was not vigilant enough with my paperwork, and that’s on me," Fullwood said in a statement. "But the Secretary of State and the Governor’s office are delaying this election, taking away the right of Jacksonville families to have a voice in Tallahassee."

Asked about Fullwood's lawsuit, Brittany Lesser of the secretary of state's office sent this statement:

"The specific qualifying dates and requirements have been in law since 2013, were sent to candidates, and have been posted prominently on the Division of Elections website since January. The Fullwood lawsuit asks the court to deny the voters in District 13 the right to vote by declaring Fullwood the winner without an election. Candidates are given every available opportunity to qualify before the deadline in accordance with the law."

Duval County Supervisor of Elections Jerry Holland doesn't qualify candidates for state office, but he would have to conduct the special election in December.Holland told News4Jax he doesn't agree with Fullwood that a special election for his office would suppresses voter turnout.

Holland noted that if Fullwood had qualified for re-election without a problem, he would have been unopposed for re-election and his name would not have appeared on any ballot.

Holland agreed that the courts now have to sort this out.

"This is a lawsuit that has to get clarification of the statute. He's got every right to try to get that clarification," said Holland.

Gaffney, 43, whose term on council expires next summer, had planned to run for the House seat in 2016, but has now filed paperwork intended to run in the special election.

Gaffney (pictured) agreed with Fullwood that the state should try and hold the election in conjunction with the scheduled elections.

"Why would we let two elections go by without an attempt to hold this election?" Gaffney told News4Jax on Thursday. "I would hate for taxpayers to pay another quarter million dollars because of an error."

Gaffney would have to resign from City Council to run for state office, but because the next City Council is within six months of when Gaffney's resignation would take effect, it would not require a special election, Holland said. The first city election is March 24, with the second being May 19.

Copyright 2014 by News4Jax.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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